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Patrick R. Sullivan

I think the two decisions are very different because one is about intellectual property and the other real property. Two different entities can't own and enjoy the same piece of real property, but they can IP.

Dave Tufte

My point ... and reasonable people can disagree about whether or not I made it well ... is that this distinction isn't necessary here.

Kelo and file sharing are similar, unless we give some primacy to the lack of rivalrousness with respect to intellectual property.

Frankly, the rivalrousness of real estate makes the Kelo decision worse, and the non-rivalrousness of recordings makes file sharing less egregious.

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